[Amended 9-19-2019 by Ord. No. 19-58]
A.
There shall be a Department of Law, the head of which shall be the
City Attorney. (S)He shall be appointed pursuant to the Charter and
receive such compensation as shall be provided by ordinance. Prior
to his/her appointment, (s)he shall have been duly admitted to the
practice of law in this state, and a member in good standing, for
at least five years, except that this requirement may be waived by
the Mayor with the approval of the City Council.
B.
Whenever (s)he deems the interests of the City so require, the City
Attorney may, with the approval of the Mayor and Council and within
the limits of available appropriations, appoint special counsel to
assist him/her in the preparation, trial or argument of such legal
matters or proceedings as (s)he may determine. If the City Attorney
should be disqualified with respect to any matter, the Mayor shall
appoint special counsel, with the approval of the City Council, to
represent the City for and with respect to such matter.
[Amended 9-19-2019 by Ord. No. 19-58]
The City Attorney shall appoint Assistant City Attorneys and legal assistants, each to serve during the term of office of the City Attorney appointing him. Prior to their appointment each of them shall have been admitted to the practice of law in the State of New Jersey, and a member of the bar in good standing, for at least three years, except that the requirement for three years' admission to practice law in the State of New Jersey may be waived by the City Attorney with the approval of the Mayor for the position of legal assistant. The number of assistant City Attorneys shall be seven in number. The Department shall also hire a total of three legal secretaries, four paralegals and a Management Specialist. The attorneys hired for the position of Assistant City Attorney need not comply with § 2-95 of the City Code regarding residency, although residence of the City of Trenton shall receive preferential treatment in the hiring process. The City Council is empowered by this section to increase the number of attorneys and legal assistants in the Department of Law by resolution.
The City Attorney shall be the legal advisor
to the Mayor, the Council and all departments except as may be otherwise
provided by the Charter. (S)He shall prosecute and defend actions
and proceedings by and against the City and every department thereof.
In furtherance of these general powers, and without limitation thereto,
(s)he shall:
A.
Advise the Council as to the form and sufficiency
of all ordinances and resolutions prior to their passage.
B.
Review and approve all contract deeds, documents and
instruments prior to the execution thereof by or on behalf of the
City.
C.
Conduct appeals from orders, decisions or judgments
affecting any interest of the City as (s)he may in his/her discretion
determine to be necessary or desirable, or as directed by the Mayor
or Council.
D.
Subject to the approval of the Council, have power
to enter into agreement, compromise or settlement of any litigation
in which the City is involved.
E.
Render opinions in writing upon any question of law
submitted to him/her by the Mayor, the Council, the Business Administrator
or the head of any department with respect to their official powers
and duties.
F.
Maintain a record of all actions, suits, proceedings
and matters which relate to the City's interest and report thereon
from time to time as the Mayor or Council may require.
G.
Conduct, when requested by the magistrate of the Municipal
Court of Trenton, prosecution for crimes and offenses cognizable by
the Municipal Court, except such crimes and offenses as it may be
the duty of the county prosecutor to prosecute, including violations
of ordinances of the City, complaints of any department under state
law and violations of rules or resolutions duly promulgated by any
department.
H.
Have such other and different functions, powers and
duties as may be provided by charter or ordinance.
[Amended 9-19-2019 by Ord. No. 19-58]
Assistant City Attorneys shall perform such duties as the City
Attorney may direct or prescribe and, during the absence or disability
of the City Attorney, shall possess all the powers and perform all
the duties of the City Attorney. In the event of the death or resignation
of the City Attorney or of the occurrence of a vacancy in the office
for any other reason, the Assistant City Attorney shall act as City
Attorney until the office is duly filled pursuant to the Charter.
Whenever (s)he deems the interests of the City
so require the City Attorney may, with the approval of the Mayor and
Council and within the limits of available appropriations, appoint
special counsel to assist him/her in the preparation, trial or argument
of such legal matters or proceedings as (s)he may determine. If the
City Attorney should be disqualified with respect to any matter, the
Mayor shall appoint special counsel, with the approval of the City
Council, to represent the City for and with respect to such matter.
All papers, documents, memoranda, reports and
other materials relating to the administration of the Department of
Law shall be and remain the property of the City. Upon the termination
of this service with the City, the City Attorney shall forthwith surrender
to his/her successor all such property, together with a written consent
to substitution of his/her successor in all legal actions and proceedings
then pending to which the City is a party. The Assistant City Attorney
and legal assistants shall have a like duty and obligation upon the
termination of their services with the City.
